Section 750.520b. - Michigan Legislature

First Degree Criminal Sexual Conduct is a felony in Michigan. There are many different circumstances involving sexual penetration that can be considered First Degree Criminal Sexual Conduct. They include:

The victim is younger than thirteen years old

The victim is between the ages of thirteen and fifteen, and

is related to the defendant,

lives with the defendant,

or if the defendant has an authority position over the victim

Sexual penetration that occurs during the commission of any other felony

Multiple defendants are involved, and

force was used to accomplish the sexual penetration,

or if the victim is physically or mentally helpless

The defendant uses a weapon or leads the victim to reasonably believe that a weapon will be used

The defendant causes personal injury and force or coercion is used. Force or coercion includes:

Actually using physical force or violence

Threating the use of physical force or violence

Threating to retaliate in the future against the victim and the victim believes that the defendant has the ability to retaliate

When the defendant is providing medical treatment in an unethical or inappropriate manner

The use of concealment or surprise by the defendant

The victim suffers personal injury and the defendant should know that the victim is physically or mentally helpless

The victim is physically or mentally helpless and

The defendant and victim are related (by blood or marriage to the fourth degree),

Or the defendant is in a position of authority over the victim and uses force or coercion

Sexual penetration includes any sexual act involving sexual intercourse, anal intercourse, cunnilingus, fellatio, intrusion into any other body part, or object into genital or anal openings.

Punishment:

In general, a conviction of this felony may result in life in prison. If the victim is between the ages of thirteen and fifteen, and one of the other situations described exists (related to, lives with, or has an authority position over the victim), then a person must be sentenced to at least twenty-five years, but can be sentenced to life in prison.

Additionally, if the defendant is seventeen years or older and commits the crime against a victim who is younger than thirteen, and if the defendant has been previously convicted of certain other criminal sexual conduct crimes, then the defendant can be sentenced to imprisonment for life without the possibility of parole. A defendant may also be subject to lifetime electronic monitoring.

Other Consequences:

If convicted of a sex crime, the defendant may be placed on the Michigan Public Sex Offender Registry, and the length of registration depends on the severity of the crime. There are many consequences to being placed on the public registry, including loss of job opportunities, loss of freedom to choose where you live and attend certain schools, disqualification for government programs, and other consequences.

In the district court determines that there is a reasonable chance that the sexual penetration exposed the defendant’s body fluid, the district court will order the defendant to receive STD and HIV/AIDS testing.

Experience and Success:

Grabel & Associates has experience in defending all types of sex charges, including Criminal Sexual Conduct and has been successful in defending against First Degree Criminal Sexual Conduct, receiving acquittals dismissals, and getting convictions overturned on appeal in numerous cases.

Defenses:

There are many winning defense strategies that can help prove your innocence, especially unreliable eyewitness testimony from child victims who have poor memory and are easily susceptible to suggestions from others. You may also want to seek post-conviction relief or pursue an appeal to overturn your conviction or sentence.

THE MICHIGAN PENAL CODE (EXCERPT)Act 328 of 1931

Sec. 750.520b

(1) A person is guilty of criminal sexual conduct in the first degree if he or she engages in sexual penetration with another person and if any of the following circumstances exists:

(a) That other person is under 13 years of age.

(b) That other person is at least 13 but less than 16 years of age and any of the following:

(i) The actor is a member of the same household as the victim.

(ii) The actor is related to the victim by blood or affinity to the fourth degree.

(iii) The actor is in a position of authority over the victim and used this authority to coerce the victim to submit.

(iv) The actor is a teacher, substitute teacher, or administrator of the public school, nonpublic school, school district, or intermediate school district in which that other person is enrolled.

(v) The actor is an employee or a contractual service provider of the public school, nonpublic school, school district, or intermediate school district in which that other person is enrolled, or is a volunteer who is not a student in any public school or nonpublic school, or is an employee of this state or of a local unit of government of this state or of the United States assigned to provide any service to that public school, nonpublic school, school district, or intermediate school district, and the actor uses his or her employee, contractual, or volunteer status to gain access to, or to establish a relationship with, that other person.

(vi) The actor is an employee, contractual service provider, or volunteer of a child care organization, or a person licensed to operate a foster family home or a foster family group home in which that other person is a resident, and the sexual penetration occurs during the period of that other person's residency. As used in this subparagraph, "child care organization", "foster family home", and "foster family group home" mean those terms as defined in section 1 of 1973 PA 116, MCL 722.111.

(c) Sexual penetration occurs under circumstances involving the commission of any other felony.

(d) The actor is aided or abetted by 1 or more other persons and either of the following circumstances exists:

(i) The actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless.

(ii) The actor uses force or coercion to accomplish the sexual penetration. Force or coercion includes, but is not limited to, any of the circumstances listed in subdivision (f).

(e) The actor is armed with a weapon or any article used or fashioned in a manner to lead the victim to reasonably believe it to be a weapon.

(f) The actor causes personal injury to the victim and force or coercion is used to accomplish sexual penetration. Force or coercion includes, but is not limited to, any of the following circumstances:

(i) When the actor overcomes the victim through the actual application of physical force or physical violence.

(ii) When the actor coerces the victim to submit by threatening to use force or violence on the victim, and the victim believes that the actor has the present ability to execute these threats.

(iii) When the actor coerces the victim to submit by threatening to retaliate in the future against the victim, or any other person, and the victim believes that the actor has the ability to execute this threat. As used in this subdivision, "to retaliate" includes threats of physical punishment, kidnapping, or extortion.

(iv) When the actor engages in the medical treatment or examination of the victim in a manner or for purposes that are medically recognized as unethical or unacceptable.

(v) When the actor, through concealment or by the element of surprise, is able to overcome the victim.

(g) The actor causes personal injury to the victim, and the actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless.

(h) That other person is mentally incapable, mentally disabled, mentally incapacitated, or physically helpless, and any of the following:

(i) The actor is related to the victim by blood or affinity to the fourth degree.

(ii) The actor is in a position of authority over the victim and used this authority to coerce the victim to submit.

(2) Criminal sexual conduct in the first degree is a felony punishable as follows:

(a) Except as provided in subdivisions (b) and (c), by imprisonment for life or for any term of years.

(b) For a violation that is committed by an individual 17 years of age or older against an individual less than 13 years of age by imprisonment for life or any term of years, but not less than 25 years.

(c) For a violation that is committed by an individual 17 years of age or older against an individual less than 13 years of age, by imprisonment for life without the possibility of parole if the person was previously convicted of a violation of this section or section 520c, 520d, 520e, or 520g committed against an individual less than 13 years of age or a violation of law of the United States, another state or political subdivision substantially corresponding to a violation of this section or section 520c, 520d, 520e, or 520g committed against an individual less than 13 years of age.

(d) In addition to any other penalty imposed under subdivision (a) or (b), the court shall sentence the defendant to lifetime electronic monitoring under section 520n.

(3) The court may order a term of imprisonment imposed under this section to be served consecutively to any term of imprisonment imposed for any other criminal offense arising from the same transaction.

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